People v. LaFurno

Appellate Division of the Supreme Court of New York

People v. LaFurno

8 A.D.3d 498, 778 N.Y.S.2d 316, 2004 N.Y. App. Div. LEXIS 8466

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 2004

StatusPublished

Cited by5 cases

This text of 8 A.D.3d 498 (People v. LaFurno) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. LaFurno, 8 A.D.3d 498, 778 N.Y.S.2d 316, 2004 N.Y. App. Div. LEXIS 8466 (N.Y. Ct. App. 2004).

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Opinion

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered October 8, 2002, convicting her of criminal possession of a controlled substance in the second degree, upon her plea of guilty, and imposing sentence.

[499]*499Ordered that the judgment is affirmed.

The defendant’s claim that her plea was not knowingly, voluntarily, and intelligently made as a consequence of being denied effective assistance of counsel is belied by her acknowledgment at the plea proceeding that she was satisfied with the representation of her attorney (see People v Weekes, 289 AD2d 599 [2001]).

Since the defendant executed a valid waiver of her right to appeal (see People v Hidalgo, 91 NY2d 733, 737 [1998]), she is precluded from challenging her sentence as excessive. Santucci, J.P., H. Miller, Luciano, Crane and Spolzino, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered October 8, 2002, convicting her of criminal possession of a controlled substance in the second degree, upon her plea of guilty, and imposing sentence.

[499]*499Ordered that the judgment is affirmed.

The defendant’s claim that her plea was not knowingly, voluntarily, and intelligently made as a consequence of being denied effective assistance of counsel is belied by her acknowledgment at the plea proceeding that she was satisfied with the representation of her attorney (see People v Weekes, 289 AD2d 599 [2001]).

Since the defendant executed a valid waiver of her right to appeal (see People v Hidalgo, 91 NY2d 733, 737 [1998]), she is precluded from challenging her sentence as excessive. Santucci, J.P., H. Miller, Luciano, Crane and Spolzino, JJ., concur.

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Bluebook (online)

8 A.D.3d 498, 778 N.Y.S.2d 316, 2004 N.Y. App. Div. LEXIS 8466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lafurno-nyappdiv-2004.

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